CFR > Title 43 - Public Lands: Interior > SUBTITLE A—Office of the Secretary of the Interior > PART 30—INDIAN PROBATE HEARINGS PROCEDURES > SUBPART G—Purchase at Probate (§30.160 to §30.175) > 30.163—Is consent required for a purchase at probate?

30.163—Is consent required for a purchase at probate?

(a) Consent is required for a purchase at probate if both of the following conditions are met:
(1) If the interest in trust or restricted property meets the criteria in § 30.160(a)(1) or (2); and
(2) If the interest an heir will receive by intestate succession in the parcel subject to the probate proceeding meets either of the following criteria:
(i) It is 5 percent or more of the entire undivided ownership interest in the parcel; or
(ii) It is less than 5 percent of the entire undivided ownership interest in the parcel and the heir was residing on the parcel on the date of the decedent's death.
(b) A devisee's consent is always required for a purchase at probate.